Nora Bicki v. Wareham, Town of - Town Clerk (SPR 20222096)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 26, 2022 SPR22/2096 Michele Bissonnette Town Clerk Town of Wareham Memorial Town Hall 54 Marion Road Wareham, MA 02571 Dear Ms. Bissonnette: I have received the petition of Nora Bicki appealing the response of the Town of Wareham (Town) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). In separate requests, Ms. Bicki requested the following records concerning the Decas School Steering Committee (Committee): June 9, 2022 request …minutes from the May 11, 2022 meeting to include any documents or records used or discussed during the meeting. June 27, 2022 request …minutes from the May 11, May 18 and May 26 meetings including copies of any documents discussed and/or presented at the meetings [and] [c]opies of the required Open Meeting Law guideline certificates for each member of the Committee. August 1, 2022 request Eight (8) categories of records including all communications, drafts, recordings, minutes, letters of interests and/or correspondence from the Committee. Previous appeals This request was the subject of previous appeals. See SPR22/1989; SPR22/1990; One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michele Bissonnette SPR22/2096 Page 2 September 26, 2022 SPR22/1991 Determination of the Supervisor of Records (September 13, 2022). The Town responded on September 7, 2022. Unsatisfied with the response, Ms. Bicki petitioned this office and this appeal, SPR22/2096, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. The Town’s September 7th response In its September 7, 2022 response, the Town provided some of the requested records with an explanation; however, the Town did not cite any exemptions to withhold other responsive records. Current appeal In her appeal, Ms. Bicki asserts that the Town has not provided all responsive records. The Town’s September 7th response did not contain the specificity required in a denial of access to public records. The Town must identify what records it has in its possession, custody or control that are responsive to Ms. Bicki’s request. As a result, I find that the Town did not satisfy its burden in responding to this records request. Any non-exempt, segregable portion of a public record is subject to mandatory disclosure. G. L. c. 66, § 10(a). To the extent that the requested records exist, I find the Town must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). Conclusion Accordingly, the Town is ordered to provide Ms. Bicki with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations

Michele Bissonnette SPR22/2096 Page 3 September 26, 2022 within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Nora Bicki Diane Kenney, Decas School Steering Committee